[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR52.42]



[Page 130-131]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD

--Table of Contents

 

       Subpart E_Submissions by the Coast Guard and Other Offices

 

Sec. 52.42  Views of the Coast Guard.



    (a) The Board shall transmit to the Commandant of the Coast Guard or 

his or her delegate a copy of each application for relief submitted and 

docketed under subpart C of this part, together with any briefs, 

memoranda, and documentary evidence submitted or obtained in the case.

    (b) The Commandant of the Coast Guard or his or her delegate may 

forward to the Board a written advisory opinion presenting the views of 

the Coast Guard on any case before the Board.

    (c) An advisory opinion furnished by the Coast Guard under this 

section shall not be binding upon the Board,



[[Page 131]]



but shall be considered by the Board, along with all other information 

and material submitted in the particular case, if it is received by the 

Board within 135 days of the date the application is complete. The Chair 

may, in his or her discretion, grant the Coast Guard an extension of the 

time provided for submitting the advisory opinion.

    (d) The Board shall promptly send a copy of each submission made by 

the Coast Guard under this section to the applicant involved, subject to 

the limitations in Sec. Sec. 52.42(c) and 52.43(c). Each applicant has 

30 days, from the date the Board sends the submission, to submit to the 

Board a written rebuttal or response to the Coast Guard's advisory 

opinion or a written request for an extension of the time to respond, 

subject to the provisions in Sec. 52.26.

    (e) Advisory opinions submitted by the Coast Guard and briefs 

submitted by applicants in response to the advisory opinions of the 

Coast Guard must be assembled in a manner that permits easy reproduction 

and may not exceed fifteen double-spaced typewritten pages in a type 

size with no more than twelve characters per inch. This limitation does 

not apply to supporting documentary evidence. In complex cases, the 

Chair may waive this limitation.